Campbell: Not Boswell's, but another bar may take Bascom site

Boswell's won't be moving into a new location on Bascom Avenue, but the city council upheld the owner's right to bring in another bar to the location.

However, the council limited the hours of the potential bar to midnight Sunday through Thursday and 1 a.m. on Fridays and Saturdays.

Laurie Brigham, owner of Boswell's, expressed intent to relocate the bar, which had previously been housed within the Pruneyard, at the Feb. 4 planning commission meeting. At the meeting, nearly a dozen neighbors voiced concerns over the location, such as safety and noise. The commission applied restrictions to the location in order to address the concerns but voted in favor of the new location 5-2. The approved hours of operation for the business were noon until 2 a.m. daily.

Associate planner Daniel Fama said that neighbors appealed the planning commission's decision on Feb. 6. Days later, the trustee of the company that owns Boswell's told city staff that the company was withdrawing from the project for private reasons.

However, the manager of the property, Lino Passano, hopes to bring in another bar under the same conditions as Boswell's.

Greig Hoque, one of eight neighbors who addressed the council at an appeal held March 18, presented more than 130 signatures of neighbors who were in favor of limiting the potential bar's hours.

"We're appealing to the city council to consider reducing operating hours to 11 p.m. for the safety of the neighborhood and the quality of life in Campbell," he said.

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Passano said his father has owned the property for more than 30 years and the site has been 70 percent empty for the past seven years. He said that although the planning commission's approval included restrictions that would be expensive to enact, he and his father, who owns the property, are eager for the business.

"Since Boswell's pulled out, all we want is the opportunity to keep [the permit] there so we can hopefully lease it out to another restaurant, bar or something like that," he said. However, Passano didn't want to cut back the operation hours.

"The more restrictions you put on a bar, the less they want to come in. That's my experience," he said.

The project site is 32,000 square feet located along Bascom Avenue, about 400 square feet south of Campbell Avenue. The area is zoned general commercial.

The proposed location is adjacent to duplex properties and an office building to the north, an apartment complex to the west and a large office development to the south, according to Fama.

The appeal letter outlined issues such as parking, noise and public safety.

Fama said that the planning commission's decision was made in context of the zoning.

He said the planning commission took "great effort" to minimize noise disruption. An acoustic study recommended that the side doors and window be replaced. Live music was restricted to 1 a.m., and it was required that all doors be closed when music is playing.

The commission also required the construction of an 8-foot wall along the north and west parking lines with additional landscaping to minimize the sound. A security guard would be required to monitor patrons in order to limit loud behavior, Fama said. Smoking was prohibited on the entire property to prevent loitering.

The commission also required the bar to have doormen from 9 p.m. until 2 a.m. daily, security guard patrol and security cameras that would provide remote access to the police department.

Frank Dalle-Molle said he and his wife own two duplexes on Michael Drive, near the bar's outdoor parking lot. He said that from 2000 to 2007, a business was open until 2 a.m. that resulted in noise issues, complaints and police intervention.

However, Sarah Chaffin, who works at a business adjacent to the property, spoke in support of a bar moving into the location.

"I feel it will bring more business to the area and could help expand my business because there will be more foot traffic," she said.

Kermoyan said the city would be able to revoke the permit if the bar becomes a nuisance.

Council member Jason Baker was in favor of limiting the hours on weekdays but said that later hours on Friday and Saturday nights was reasonable. Mayor Rich Waterman said other places in Campbell, such as many bars in the downtown area, close before 2 a.m.

"A lot of people want to go downtown even though they're [open for] less hours," he said.

Vice Mayor Jeffrey Cristina and council member Michael Kotowski both voted against upholding the planning commission's approval but for different reasons.

Cristina said that since the area is zoned commercial, limiting the hours would only decrease the value of the property.

"We have a lot of very strict regulations on them already. Restricting the time puts a lot more constraints on the property owner to be able to conduct business at this location," he said.

Kotowski said he'd like to see a policy that would require all bars to close down by midnight. He said many areas around Campbell are closing bars down early making Campbell a draw for "bar crawlers."